한국마사회법위반
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable in maintaining the first instance judgment ordering the Defendant to additionally collect KRW 34,50,000,000, for the reasons indicated in its reasoning, and there was no error of misconception of facts as to the calculation of the additional collection charge, as alleged in
In addition, the argument that the lower court erred by mistake of facts about the degree of defendant's participation in the sentencing constitutes an argument of unfair sentencing.
However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.